Mark Joseph Stern writes:

The North Carolina Supreme Court tossed a grenade into the state’s election on Monday, violating both state and federal law to grant Robert F. Kennedy Jr.’s cynical, last-minute removal from the ballot. Its 4–3 decision will compel election administrators to destroy nearly 3 million already-printed ballots that featured Kennedy’s name and redesign 2,348 different ballot styles across the state to accommodate the eleventh-hour change. This complex process will significantly delay the distribution of new ballots—which will, in turn, unlawfully abridge early voting for everyone while jeopardizing the voting rights of service members overseas in clear contradiction of federal statute. It’s a nightmare for local election officials, who must now disregard the laws they’re sworn to uphold. And it’s an affront to North Carolinians at large, whose right to a fair, orderly election has been sabotaged by a lawless court and the candidate it so obviously favors.

Kennedy v. North Carolina State Board of Elections, Monday’s decision, is exactly what you’d expect from a court controlled by elected Republican justices. The facts are damning: After running for months as a third-party candidate, RFK Jr. “suspended” his campaign and endorsed Trump on Aug. 23. Kennedy then sought to selectively remove his name from the ballot, but only in swing states where it might help Trump. By the time Kennedy dropped out, the North Carolina State Board of Elections had informed candidates and parties that the deadline for replacing nominees would be Aug. 22.

Kennedy did not file his request for removal until Aug. 27, five days after the deadline and four days after he withdrew. By that point, county election boards were already printing ballots. Under state law, the board of elections may refuse a “late” request to remove a candidate from the ballot when removal is no longer “practical.” Another state law compels election officials to mail ballots to service members and others living overseas by Sept. 6. North Carolina’s state elections director testified that redesigning the ballot would take 18 to 23 days. So removing Kennedy’s name from the ballot—then designing and printing substitutes—would require election officials to violate state law. Even if these officials had begun removing Kennedy’s name the moment that he suspended his campaign, they could not have met the legal deadline.

Yet the North Carolina Supreme Court still sided with Kennedy. A bare majority ordered election officials to work around the clock to destroy 3 million ballots, redesign new ones for every locality, and mail them out as quickly as possible. The work and the cost of this undertaking falls primarily on badly underfunded county boards of elections. [Continue reading…]